World In Motion: A Legal Look at Refugee Crises in 2016 Jessica M. Therkelsen, Esq. Global Policy Director, Asylum Access AsylumAccess.org
20 million people 20 years in exile Less than 1% leave their region
A Bit of History Post WWII negotiations to create a rule of law framework for dealing with mass migration due to persecution Documentation shows States were interested in creating systems whereby refugees could work, provide for themselves, and move forward In 1967 the Convention definition was opened to the entire world
Refugees in International Law Primary source of law: The 1951 Refugee Convention 147 countries have signed and ratified Defines a refugee Extends specific rights to refugees Work and self employment Education Freedom of movement Access to courts
Refugees in International Law Regional Laws The Cartagena Declaration (Latin America) Extends the refugee definition in the region Reaffirms a regional approach to refugee response The African Charter of Human and Peoples Rights Extends the refugee definition in the region Has had more limited attention and enforcement
Complementary Legal Frameworks Refugee lawyers often use other laws to seek legal recourse for their clients: Convention Against Torture (CAT) Covenant on Economic Rights (ICESCR) Covenant on Civil and Political Rights (ICCPR) In the US you might rely on Family members with visas U visas, Special Immigrant Juvenile Status and other legal mechanisms
20 million people
Who is a Refugee? Refugee status is a legal status that is defined by an international treaty: the 1951 Convention on the Status of Refugees NOTE: This Convention codified a customary international prohibition on deportation back to persecution, known as refoulement
The Refugee Defined Art. 1: Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country or return there because there is a fear of persecution.
The Refugee Defined 1. Well-founded fear of persecution 2. For reasons of race, religion, nationality, membership of a particular social group or political opinion, 3. Outside the country of nationality 4. Original country cant or wont help
Case Prototype: Central American Youth in Mexico In Honduras, there is evidence that children are being recruited into drug gangs in high numbers. Noncompliance with gangs has led to documented murders, including dismemberment, sexual assault and abuse and murder of family members. Pedro was targeted for recruitment into such a gang at the age of 14. He avoided joining, but was stabbed twice while walking home from school. He was too scared to pursue a claim with the police. Pedro fled to the countryside with his mother, but they began receiving threats there. One night he left for Mexico alone and on foot.
Case Prototype: Central American Youth in Mexico Well founded fear: Evidence that gangs do kill people, plus he was actually being targeted Of persecution based on a category: The argument here would be persecution based on a social group children or people targeted by gangs Outside the country: has left Honduras Cannot avail themselves of their country s protection: government is failing to control gangs, and fleeing to countryside was not enough
20 years in exile
A High Number of Conflicts
Conflicts Last Longer
60 Million Displaced (Refugees and Others)
Tension 1: Letting People In State sovereignty States (countries) have a right to control their borders as part of the commonly understood components of sovereignty The right to seek and enjoy asylum The Universal Declaration of Human Rights gives us the right to seek and enjoy asylum in other countries (Art 14.1)
Tension 2: Must Not Deport, but Need Not Integrate Art 33.1 (non-refoulement): No contracting State shall expel or return ( refouler ) a refugee [Art 1] in any manner whatsoever to the frontiers or territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a PSG or PO Art 34 (integration): the contracting states shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.
While in Exile Most refugees are barred from working In violation of several rights to access employment Half or more must live in refugee camps Violating the right to freedom of movement Many are held in arbitrary detention Violating rules against arbitrary detention
<1 percent leave conflict zones
Where do refugees come from?
Where do refugees go?
Lebanon 4.46 million people (2013) 4,032 square miles 1.07 million refugees Connecticut (USA) CT: 3.59 million people (2014) CT: 5,018 square miles USA: 69,933 total resettled refugees (2015) USA: 187,826 pending asylum claims (2014)
What About the Crisis in Europe? Most refugees heading to the EU are not leaving Syria directly Most are leaving Turkey, Jordan or Lebanon for the EU because with such high numbers in each country, they cannot access: The right to work The right to education Freedom of movement (they are stuck in camps) A fair shot at a new life
So what is the solution to the current crisis? European countries are well versed in refugee law The EU is well versed in refugee law Many EU countries participate heavily in responding to mass refugee flows on other continents they know how to respond
So what is the solution to the current crisis? Examples: 100,000+ refugees have flooded Tanzania this year. Their borders remain open and the international community is partnering for response Turkey is offering refugees asylum plus labor permits Ecuador currently supports between 100,000 to 200,000 refugees who are fully integrated into the economy and society by law*
A Principled Response Can Put People and Safety First Apply the rules and rights laid out in the 1951 Convention and complementary international laws Paired with a coordinated regional response strategy Paired with the use of strategic resettlement out of region (to places like the US) Reduces pressure on states by sharing burden and reduces the threat posed by stagnant, frustrated populations
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